Hickman
Estate of Gonzalez v. Hickman
Opinion
Opinion
England, J.
MEMORANDUM AND ORDER
Through the present action, the Estate of Correctional Officer Miguel Gonzalez, together with Officer Gonzalez’ minor chil dren (“Plaintiffs”), allege that Roderick Q. Hickman, Jeanne S. Woodford, Suzanne Hubbard, John Dovey, Lori Di Carlo, Carol Roddy, Gregory Mellott and Wendy Still (“Defendants”) deprived Officer Gonzalez of his civil rights in violation of 42 U.S.C. § 1983 . Neither the State of California nor the California Institution for Men (“CIM”) are parties to the present action.
Before the Court is Defendants’ Motion for Reconsideration of the Magistrate Judge’s order compelling the State of California (“State”) to produce documents pursuant to a federal subpoena. See Order, Docket No. 17, November 6, 2006 (“Order”). Defendants seek a reversal of that Order on the ground that the State cannot be compelled to respond to the subpoenas because it enjoys sovereign immunity under the Eleventh Amendment to the Constitution of the United States of America. For the reasons set forth below, Defendants’ Motion is GRANTED.
BACKGROUND
On September 7, 2006, Plaintiffs filed a Motion to Compel compliance with subpoenas by and through the Estate of Manuel A.…